Chambers v. State

I respectfully dissent from Division 1 and the judgment of this Court. The appellant contends the trial court erred “in not limiting the consideration of the jury to the allegations of the indictment by appropriate remedial instructions in response to the inquiry by the jury.” (Emphasis supplied.) This issue is not addressed by the majority.

Appellant was indicted upon a charge of maliciously causing “a child under the age of 18, cruel physical and mental pain by beating her with a belt and biting her.” (Emphasis supplied.) The trial court did not read the indictment to the jury but merely…